ELC 10.13 DISCIPLINARY HEARING (a) Representation. The Association is represented at the hearing by disciplinary counsel. The respondent lawyer may be represented by counsel. (b) Respondent Must Attend. A respondent given notice of a hearing must attend the hearing. Failure to attend the hearing, without good cause, may be grounds for discipline. If, after proper notice, the respondent fails to attend the hearing, the hearing officer or panel: (1) may draw an adverse inference from the respondent's failure to attend as to any questions that might have been asked the respondent at the hearing; and (2) must admit testimony by deposition regardless of the deponent’s availability. An affidavit or declaration is also admissible, if: (A) the facts stated are within the witness’s personal knowledge; (B) the facts are set forth with particularity; and (C) it shows affirmatively that the witness could testify competently to the stated facts. (c) Respondent Must Bring Requested Materials. Disciplinary counsel may request in writing, served on the respondent at least three days before the hearing, that the respondent bring to the hearing any documents, files, records, or other written materials or things. The respondent must comply with this request and failure to bring requested materials, without good cause, may be grounds for discipline. (d) Witnesses. Except as provided in subsection (b)(2) and rule 10.6, witnesses must testify under oath. Testimony may also be submitted by deposition as permitted by CR 32. Testimony must be recorded by a court reporter or, if allowed by the hearing officer, by tape recording. The parties have the right to cross-examine witnesses who testify and to submit rebuttal evidence. (e) Subpoenas. The parties may subpoena witnesses, documents, or things under the terms of CR 45. A witness must promptly comply with all subpoenas issued under this rule and with all lawful orders made by the hearing officer under this rule. Subpoenas may be enforced under rule 4.7. The hearing officer or panel may additionally draw adverse inferences as appear warranted by the respondent’s failure to respond. (f) Prior Disciplinary Record. The respondent’s record of prior disciplinary action, or the fact that the respondent has no prior disciplinary action, must be made a part of the hearing record before the hearing officer or panel files a decision. [Adopted effective October 1, 2002.]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|